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Press Release

OAS Mission in Mexico Congratulates Citizens on Sunday's Elections

The Mission of Foreign Visitors of the Organization of American States (OAS) for the federal and local elections of June 6, 2021, in Mexico congratulates the citizens of Mexico for their democratic commitment and the government and electoral authorities for carrying out these elections successfully. The level of participation also stands out, which, according to preliminary data, exceeded 52%; more than four percentage points above the previous mid-term elections.

The Mission, headed by Argentine Santiago Canton, was made up of 36 members of 16 different nationalities, including specialists in different subject areas. The preliminary report, published today, contains findings and recommendations on electoral organization and technology, political-electoral financing, the political participation of women, and of Indigenous and Afro-descendant Peoples, electoral justice, voting abroad, electoral security, access to media, use of social networks and freedom of expression.

The elections ratified the importance of the institutional strength, professionalism, and experience of autonomous and independent electoral authorities for Mexican democracy. Over the past 30 years, the former Federal Electoral Institute (IFE) and the current National Electoral Institute (INE) have organized 23 federal elections and, together with local public electoral bodies, 271 local elections. It was precisely the strength of the different institutions that make up the electoral system that made it easier to carry out the largest elections in the history of Mexico, particularly considering that they were held in the context of a pandemic.

The electoral process also evidenced very significant progress in terms of inclusion, which implies the expansion of citizens' rights. The Mission welcomes the extension of the principle of gender parity in all organs and powers of the State, as well as the adoption of legislation to combat political violence based on gender. These measures place Mexico among the most advanced regulatory frameworks in the world in this area. Likewise, the Mission welcomes the expansion of affirmative action for the political participation of indigenous peoples from 13 to 21 electoral districts and the adoption of affirmative action measures for Afro-Mexicans, people with disabilities, those of sexual diversity and migrants. These decisions are in line with the jurisprudence and standards of the Inter-American Human Rights System, in the sense of guaranteeing the effective right to elect and/or be elected to public and legislative functions. In the same way, the Mission welcomes the pilot project for the vote of people in preventive detention, with a view to its comprehensive implementation in the 2024 election. These measures denote a political-electoral system that has made decisive progress on the path of the inclusion.

Notwithstanding the foregoing, the Mission expresses its deepest concern over the extreme violence affecting Mexican politics. The main threat to the electoral process has been the high levels of violence, including the murder of candidates, pre-candidates, public officials, campaign team members, as well as their families. The Mission forcefully rejects all forms of physical or psychological aggression that occurred in the framework of the elections, and that sought to cloud and/or inhibit citizens’ exercise of political participation in some states. The violence was focused in certain areas of the country, and the Mission expresses deep consternation at the brutality of the events and their impact on society.

The Mission highlights that, in this context, the Secretariat for Security and Citizen Protection implemented, as of March, an initiative called "Protection Strategy in the Electoral Context." This initiative is moving in the right direction, seeking to organize governments at the federal, state and municipal levels in a policy of prevention, protection and judicial investigation against political violence. However, various actors told the Mission that, considering the seriousness of the situation, the program was not implemented in due time.

The Mission reiterates that violence undermines the foundations of democracy. For this reason, it is essential that, once the current electoral process is completed, the government, political parties and civil society immediately initiate a dialogue leading to an end to political violence.

Beyond the particular cases, whose study and resolution are the responsibility of the respective authorities, this electoral process revealed the delicate balance of values and principles that coexist in the political communication model in every modern democratic process. The Constitution of Mexico recognizes the fundamental right to freedom of expression, the right to information, and the duty of accountability that warrants all public servants; principles that receive broad protection in the international and Inter-American human rights system. At the same time, the Constitution establishes limits to the behavior of public servants in political contests due to their capacity to influence, which is derived from the symbolic and material power of their investment and from the communication platform to which a high public official has access.

In this regard, the Office of the Special Rapporteur on Freedom of Expression of the Inter-American Commission on Human Rights (IACHR), referring specifically to the Mexican context and the regulations contained in Article 41 of the Constitution, has stated that the legitimate interest of the State in promoting free, accessible and equitable elections can justify the imposition of rules on the dissemination of political propaganda during electoral times, while reminding that "the proper development of democracy requires the greatest circulation of reports, opinions and ideas on matters of public interest, and that expressions about public officials or candidates for public office must enjoy a particularly reinforced margin of openness. Both the design of the regulations and their application or implementation must consider this delicate balance that must exist between the principles of equity and electoral transparency on the one hand, and the right to freedom of expression on the other.”

In this process, the electoral authority received 190 complaints for violation of constitutional regulations regarding impartiality in the use of public resources, fairness in competition, and limits to government propaganda. Beyond specific cases, the Mission emphasizes the obligation for all people to abide by and act within the regulatory framework established for electoral processes. This obligation is more important when it comes to the most powerful figures in the hierarchy of the state apparatus.

In turn, the OAS Mission received complaints from different political and social actors, who alleged that high-level public officials enjoyed media coverage that, in their opinion, was disproportionately broad and that in the content of communication the government sometimes violated articles 41 and 134 of the Constitution. In this regard, the Mission recalls the Joint Declaration on Freedom of Expression and Elections in the Digital Age of the Special Rapporteurs of the United Nations, OSCE and OAS, which signals the risk that an incumbent government may receive disproportionate coverage by the media.

Part of the legal debate raised during this process is due to the fact that the constitutional article that regulates these issues requires greater precision on the scope of the limits and restrictions. This would give greater certainty and clarity about the conduct of public officials that would be allowed or prohibited.

The Mission expresses its gratitude for the collaboration provided by the administrative and jurisdictional authorities that allowed the exercise of its work. Likewise, it welcomes representatives of political parties, civil society, the media, academia, and the international community with whom had the opportunity to meet. Finally, it also expresses its gratitude for the financial contributions of the governments of Canada, Spain, the United States, France, Italy, the Netherlands, Peru and the Dominican Republic, which made possible the deployment of this Mission, and reiterates its congratulations to the citizens and the authorities involved for the success of the largest and most complex elections in Mexican history.

Reference: E-062/21